HARINDERPAL SINGH Vs. MONINDER PAL SINGH KAHLON

JUDGEMENT

(1.) Harinderpal Singh, defendant No.1, has challenged the judgment and decree dtd. 7/11/2016 passed by the learned trial Court vide which suit for partition of the two houses situated in the Abadi of village Kalanaur, Tehsil and District Gurdaspur, duly described and detailed in the plaint (hereinafter referred to as, 'the suit property') was decreed with costs and the judgment and decree dtd. 6/5/2019 of the learned first appellate Court whereby the appeal preferred by him was dismissed. The parties to the lis hereinafter shall be referred to by their original position in the suit.

(2.) The pleaded case of the plaintiff may be noticed as thus:

(3.) Defendant No.1 filed written statement wherein the inter-se relationship of the defendants and the plaintiff was not denied. However, it was submitted that Kirpal Singh, father of both the plaintiff and defendant No.1, had executed a Will with respect to the suit property, which was situated within the Lal Lakeer of village Kalanaur, in his sound disposing mind in favour of defendant No.1 on 15/9/1973. It was also claimed by the defendant that one house constructed on 6 Marlas of plot had been rented out to Punjab Home Guard C-Company from where defendant No.1 had been receiving rent since the year 1988. It was further alleged that the original Will of Kirpal Singh dtd. 15/9/1973 was in the possession of the plaintiff.